1.1 	A bill for an act
1.2 	relating to public safety; adopting certain
1.3 	recommendations of the Minnesota Sentencing Guidelines
1.4 	Commission and rejecting others; changing a reporting
1.5 	date; addressing how aggravating factors may be
1.6 	established in a criminal trial; amending Minnesota
1.7 	Statutes 2004, sections 244.09, subdivision 11;
1.8 	244.10, by adding a subdivision.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 244.09,
1.11 	subdivision 11, is amended to read:
1.12 		Subd. 11.Modification.  The commission shall meet as
1.13 	necessary for the purpose of modifying and improving the
1.14 	guidelines.  Any modification which amends the Sentencing
1.15 	Guidelines grid, including severity levels and criminal history
1.16 	scores, or which would result in the reduction of any sentence
1.17 	or in the early release of any inmate, with the exception of a
1.18 	modification mandated or authorized by the legislature or
1.19 	relating to a crime created or amended by the legislature in the
1.20 	preceding session, shall be submitted to the legislature by
1.21 	January 1 15 of any year in which the commission wishes to make
1.22 	the change and shall be effective on August 1 of that year,
1.23 	unless the legislature by law provides otherwise.  All other
1.24 	modifications shall take effect according to the procedural
1.25 	rules of the commission.  On or before January 1 15 of each
1.26 	year, the commission shall submit a written report to the
1.27 	committees of the senate and the house of representatives with
2.1 	jurisdiction over criminal justice policy that identifies and
2.2 	explains all modifications made during the preceding 12 months
2.3 	and all proposed modifications that are being submitted to the
2.4 	legislature that year.
2.5 	
EFFECTIVE DATE. This section is effective August 1, 2005.

2.6 	Sec. 2. Minnesota Statutes 2004, section 244.10, is
2.7 	amended by adding a subdivision to read:
2.8 		Subd. 4.Proof of aggravating factors. The court shall
2.9 	allow a prosecutor seeking to prove the existence of an
2.10 	aggravating factor justifying an upward departure under the
2.11 	Sentencing Guidelines the opportunity to prove this to the fact
2.12 	finder.  The prosecutor shall provide reasonable notice to the
2.13 	defendant and the court of the prosecutor's intent to seek an
2.14 	upward departure and the aggravating factor on which the
2.15 	prosecutor intends to rely.  Upon reasonable notice, the court
2.16 	shall allow the prosecutor the opportunity to prove the
2.17 	aggravating factor either in a unitary or bifurcated trial.
2.18 	
EFFECTIVE DATE. This section is effective the day
2.19 	following final enactment and applies to sentencing departures
2.20 	sought on or after that date.

2.21 	Sec. 3. CERTAIN MINNESOTA SENTENCING GUIDELINES
2.22 	COMMISSION RECOMMENDATIONS ADOPTED; OTHERS REJECTED.
 2.23 	The following modifications proposed by the Minnesota
2.24 	Sentencing Guidelines Commission in its January 2005 report to
2.25 	the legislature are adopted and take effect on August 1, 2005:
2.26 	(1) those described as "I.  Modifications Related to
2.27 	Blakely Decision" on pages 11 to 18 of the report; and 
2.28 	(2) those described as "II.  Other Adopted Modifications"
2.29 	on page 19 of the report.
2.30 	The modifications described as "III.  Adopted Modifications
2.31 	Related to Sex Offenses" on pages 20 to 42 of the report are
2.32 	rejected and do not go into effect.

2.33 	EFFECTIVE DATE. This section is effective the day
2.34 	following final enactment.